138.    Procedure at presidential election

(1)    If only one candidate for President is nominated, that candidate shall be declared elected.

(2)   If two or more candidates for President are nominated, an election shall be held in each constituency.

(3)   In a presidential election—

(a)   all persons registered as voters for the purposes of parliamentary elections are entitled to vote;

(b)   the poll shall be taken by secret ballot on the day specified in Article 101(1) at the time, in the places and in the manner prescribed under an Act of Parliament; and

(c)    after counting the votes in the polling stations, the Independent Electoral and Boundaries Commission shall tally and verify the count and declare the result.

(4)    A candidate shall be declared elected as President if the candidate receives—

(a)  more than half of all the votes cast in the election; and

(b)    at least twenty-five per cent of the votes cast in each of more than half of the counties.

(5)   If no candidate is elected, a fresh election shall be held within thirty days after the previous election and in that fresh election the only candidates shall be—

(a)   the candidate, or the candidates, who received the greatest number of votes; and

(b)    the candidate, or the candidates, who received the second greatest number of votes.

(6)    If more than one candidate receives the greatest number of votes, clause (5)(b) shall not apply and the only candidates in the fresh election shall be those contemplated in clause (5)(a).

(7)    The candidate who receives the most votes in the fresh election shall be declared elected as President.

(8)     A presidential election shall be cancelled and a new election held if—

(a)    no person has been nominated as a candidate before the expiry of the period set for the delivery of nominations;

(b)     a candidate for election as President or Deputy President dies on or before the scheduled election date; or

(c)     a candidate who would have been entitled to be declared elected as President, dies before being declared elected as President.

(9)   A new presidential election under clause (8) shall be held within sixty days after the date set for the previous presidential election.

(10)  Within seven days after the presidential election, the chairperson of the Independent Electoral and Boundaries Commission shall—

(a)    declare the result of the election; and

(b)    deliver a written notification of the result to the Chief Justice and the incumbent President.

REF: Constitution of Kenya 2010

132.       Functions of the President

(1)         The President shall—

 (a)         address the opening of each newly elected Parliament;

 (b)         address a special sitting of Parliament once every year and may address Parliament at any other time; and

 (c)          once every year—

 (i)            report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10;

(ii)           publish in the Gazette the details of the measures and progress under sub-paragraph (i); and

(iii)          submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.

(2)         The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss—

(a)         the Cabinet Secretaries, in accordance with Article 152;

(b)         the Attorney-General, in accordance with Article 156; 

(c)          the Secretary to the Cabinet in accordance with Article 154; 

(d)         Principal Secretaries in accordance with Article 155;

(e)         high commissioners, ambassadors and diplomatic and consular representatives; and 

(f)          in accordance with this Constitution, any other State or public officer whom this Constitution requires or empowers the President to appoint or dismiss.

 (3)         The President shall—

 (a)         chair Cabinet meetings;

 (b)         direct and co-ordinate the functions of ministries and government departments; and

 (c)          by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.

 (4)         The President may—

 (a)         perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission;

 (b)         receive foreign diplomatic and consular representatives;

 (c)          confer honours in the name of the people and the Republic;

 (d)         subject to Article 58, declare a state of emergency; and

 (e)         with the approval of Parliament, declare war.

 (5)         The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.

REF: Constitution of Kenya 2010

Vacancy in the office of President

(1) The office of President shall become vacant if the holder of the office—

(a) dies;

(b) resigns, in writing, addressed to the Speaker of the National Assembly; or

(c) otherwise ceases to hold office under Article 144 or 145 or under any other provision of this Constitution.

(2) When a vacancy occurs in the office of President—

(a) the Deputy President shall assume office as President for the remainder of the term of the President; or

(b) if the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly shall act as President and an election to the office of President shall be held within sixty days after the vacancy arose in the office of President.

(3) A person who assumes the office of President under clause (2)(a), or following an election required by clause (2)(b), shall, unless otherwise removed from office under this Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled election under Article 136 (2)(a).

(4) If the Deputy President assumes office as President under clause (2)(a), or a person is elected to the office of President under clause (2)(b), the Deputy President, or the person elected, shall be deemed for the purposes of Article 142(2)— (a) to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 136 (2)(a); or (b) not to have served a term of office as President, in any other case.

REF: Constitution of Kenya 2010